Hunter v. State
Mississippi Supreme Court
From the circuit court of Tunica county. The appellant was indicted for the murder of one Thompson. Both parties were negroes. The evidence showed, or tended to show, the following facts: Appellant was invited to a “ quilting,” being informed, by the party who delivered the invitation, that Thompson, between whom and appellant ill feeling existed, would be present.
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From the circuit court of Tunica county. The appellant was indicted for the murder of one Thompson. Both parties were negroes. The evidence showed, or tended to show, the following facts: Appellant was invited to a “ quilting,” being informed, by the party who delivered the invitation, that Thompson, between whom and appellant ill feeling existed, would be present. On his way to the entertainment, appellant carried his Winchester rifle, and secreted it near the house where the festivities were given. When the “ quilting ” was over, appellant, having made an engagement to do so, offered to…
1Opinion of the CourtWhitfield, J.
The second instruction for the state is erroneous in telling the jury that if they believed, etc., that the defendant “ killed deceased while,” etc., they must find him guilty. It authorized conviction upon the proof of ‘ ‘ killing ’ ’ merely, and is expressly condemned in Kearney v. State, 68 Miss., at p. 239. There was no error in refusing the second and fourth instructions asked by the defendant, as drawn. The court determines the competency of a confession — as being voluntary — and the jury cannot then disregard it or fail to consider it as evidence. All competent testimony they must…
2Cases cited1 opinion
- Ellis v. StateMississippi Supreme Court · 1887
3Cited by8 opinions
- Harper v. StateMississippi Supreme Court · 1903
- Ratliff v. StateMississippi Supreme Court · 1975
- Norwood v. StateMississippi Supreme Court · 1972
- Allen v. StateMississippi Supreme Court · 1938
- Humphries v. StateMississippi Supreme Court · 1938
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